The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

The main reason for appeal is that the punishment (two years of imprisonment, etc.) imposed by the court below on the defendant is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

The crime of this case is committed by the defendant with similar acts from the victim who works at a sexual traffic business establishment, and rapes the victim while being math from the victim, and the crime of this case is serious. The fact that the victim seems to have suffered a considerable sexual humiliation and mental impulse due to the crime of this case is disadvantageous to the defendant.

On the other hand, the fact that there is no record of criminal punishment except a fine imposed on the defendant by driving without a license, the defendant recognizes the crime of late late in the past and reflects his mistake, and the fact that the injured person does not want the punishment of the defendant by agreement with the victim is favorable to the defendant.

In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the recommended sentence scope and suspension of execution according to the sentencing guidelines set by the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is unreasonable.

Therefore, the prosecutor's argument is without merit, and the defendant's argument is with merit.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.

【Grounds for the Judgment of the court below in other words, the facts constituting a crime and the summary of the evidence recognized by the court below and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment of the court below, except where the court below's "1. Part of the defendant's oral statement" is deemed "1. The defendant's oral statement" in the summary of the evidence.